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DC Circuit overturns SEC restitution award
- Katten Muchin Rosenman LLP
- -
- USA
- -
- January 22 2010
The U.S. Court of Appeals for the District of Columbia strongly rejected a decision by the Securities and Exchange Commission, calling its decision affirming a National Association of Securities Dealers (NASD) restitution award “whimsical”, “incomprehensible” and “entirely unacceptable.”
Court upholds forum-selection clause in independent contractor’s contract
- Katten Muchin Rosenman LLP
- -
- USA
- -
- January 29 2010
The U.S. District Court for the Northern District of Texas has ruled that the breach of contract claims asserted by several of the company’s sales agents were covered by forum-selection clauses in their contracts, rejecting the sales agents’ argument that the clauses were unenforceable
Ninth Circuit affirms dismissal of securities class action on materiality and safe harbor grounds
- Katten Muchin Rosenman LLP
- -
- USA
- -
- July 9 2010
The U.S. Court of Appeals for the Ninth Circuit upheld a district court’s dismissal of a securities fraud class action suit, ruling that defendants’ alleged incomplete disclosures were not material omissions and that the issuer’s earnings projections fell within the statutory safe harbor under the Private Securities Litigation Reform Act (PSLRA
Delaware Chancery rejects purported agreement extending court-ordered deadline
- Katten Muchin Rosenman LLP
- -
- USA
- -
- May 6 2011
The Court of Chancery of Delaware ruled that counsel failed to establish "excusable neglect" when it requested additional time to submit an expert witness report after the deadline for that reportas provided for in the court's previously issued scheduling orderhad expired
Employment contract claims survive motion to dismiss
- Katten Muchin Rosenman LLP
- -
- USA
- -
- May 6 2011
The U.S. District Court for the Southern District of New York denied defendants' motion to dismiss a complaint alleging that defendants improperly used confidential business information and solicited plaintiffs' employees and customers in contravention of defendants' employment agreements
Corporate veil allegations survive motion to dismiss in embezzlement case
- Katten Muchin Rosenman LLP
- -
- USA
- -
- January 22 2010
The U.S. District Court for the Northern District of Illinois denied defendants’ motion to dismiss, ruling that, among other things, plaintiff properly pled the elements for piercing the corporate veil where there were particular allegations demonstrating a “unity of interest” between the individual and corporate defendants
Parent corporate defendants exposed to liability in ERISA suit under veil-piercing theory
- Katten Muchin Rosenman LLP
- -
- USA
- -
- July 9 2010
The U.S. District Court for the District of Delaware denied defendants’ motion to dismiss an Employee Retirement Income Security Act (ERISA) complaint, ruling among other things that plaintiffs properly alleged facts to reach the corporate parent defendants on a theory of piercing the corporate veil
Third Circuit holds that non-compete clauses survive a change in corporate ownership
- Katten Muchin Rosenman LLP
- -
- USA
- -
- January 29 2010
The U.S. Court of Appeals for the Third Circuit has held that a non-compete clause is enforceable by a corporation after it has undergone “a substantial change in stock ownership.”
